Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
The common law held that a bailee is entitled to possession against all
persons except the owner of the bailed property.
Former justice Sir Thomas Littleton wrote a legal textbook describing
tenancies in dower; the tenures of socage, knight's service, serjeanty,
and burgage; estates in fee simple, fee tail, and fee conditional;
inheritance and alienation of land. For instance, "Also, if feoffment be
made upon such condition, that if the feoffor pay to the feofee at a
certain day, etc., 800s. forty pounds of money, that then the feoffor
may reenter, etc., in this case the feoffee is called tenant in
mortgage, ... and if he doth not pay, then the land which he puts in
pledge upon condition for the payment of the money is gone from him for
ever, and so dead as to the tenant, etc."
Joint tenants are distinguished from tenants in common by Littleton
thus: "Joint-tenants are, as if a man be seised of certain lands or
tenements, etc., and thereof enfeoffeth two, or three, or four, or more,
to have and to hold to them (and to their heirs, or letteth to them) for
term of their lives, or for term of another's life; by force of which
feoffment or lease they are seised, such are joint-tenants. ... And it
is to be understood, that the nature of joint-tenancy is, that he that
surviveth shall have solely the entire tenancy, according to such estate
as he hath, ..." "Tenants in common are they that have lands or
tenements in fee-simple, fee-tail, or for term of life, etc., the which
have such lands and tenements by several title, and not by joint title,
and neither of them knoweth thereof his severalty, but they ought by the
law to occupy such lands or tenements in common pro indiviso
[undivided], to take the profits in common. ...As if a man enfeoff two
joint-tenants in fee, and the one of them alien that which to him
belongeth to another in fee, now the other joint-tenant and the alienee
are tenants in common, because they are in such tenements by several
titles, ..."
There are legal maxims and customs of ancient origin which have become
well established and known though not written down as statutes. Some
delineated by Christopher St. Germain in "Doctor and Student" in 1518
are:
1. The spouse of a deceased person takes all personal and real chattels
of the deceased.
2. For inheritance of land, if there are no descendant children, the
brothers and sisters take alike, and if there are none, the next blood
kin of the whole blood take, and if none, the land escheats to the lord.
Land may never ascend from a son to his father or mother.
3. A child born before espousals is a bastard and may not inherit, even
if his father is the husband.
4. If a middle brother purchases lands in fee and dies without heirs of
his body, his eldest brother takes his lands and not the younger
brother. The next possible heir in line is the younger brother, and the
next after him, the father's brother.
Public-domain text, read in full here on John Shaqi.
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